Legal Question in Traffic Law in New York

Statute of Limitation on Speeding summons

I got a ticket in Nassau County for driving above 55 mph in September 1990. A trial date was scheduled for 12/01 but later adjourned with a date to be determined. I just received a notice that a confernce date had been set for June 6 2006. Do I have a recourse for lack of a speedy trial.

Asked on 5/30/06, 6:35 pm

3 Answers from Attorneys

Eric Rothstein Rothstein Law PLLC
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Re: Statute of Limitation on Speeding summons

I would say so. There are Appellate Term cases that say an unexplained 2 year delay in trying a moving violation is a speedy trial violation. The cases I am thinking of deal with the court's failure to set an initial date which is a little different than your situation but probably are helpful.

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5/30/06, 7:02 pm
Andrew Nitzberg Andrew Nitzberg & Associates
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Re: Statute of Limitation on Speeding summons

Statute of limitatiuons should apply here, unless you were in the military or prison.

The speedy trial is a different law, a CPL 30:30 motion. That too should be very helpful.

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6/01/06, 3:39 pm
Robert Evans Robert S. Evans esq.
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Re: Statute of Limitation on Speeding summons

It has never really been defined,inasmuch as a statute of limitations generally commences with the arrest and arraignment.This is not the case here, however you have some options available. You may contact my office @ seven,one,eight,eight,three,four,zero,zero,eight,seven for a free phone consultation.

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5/31/06, 12:14 pm

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